Terms & Conditions

Terms of Use


Welcome to the Brightech website, operated by Brightech, Inc. (“Brightech”) and located at www.Brightechshop.com  (the "Site"). The following terms and conditions (“Terms”) govern your use of the Site.


By accessing, viewing, or using the content, material, products, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth herein. You further certify that you are 13 years of age or older and that you have all the necessary rights, power and authority to enter into this Agreement and perform the obligations set forth under this Agreement. You understand and agree that your use of the Site or any content, material, products or services made available on or through the Site (collectively, the "Services") signifies that you fully accept and agree to these Terms of Use.



  1. Registration


In order to access certain content, material, products or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Brightech will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.


When placing an order through the Site, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Brightech or its third party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.


Any personal information that you provide to us via the Site is subject to our Privacy Policy.



  1. Purchases


Some products or services made available through the Site may be available for purchase. By purchasing products or services made available through the Site, you represent that you have reached the age of majority (which in most states is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and register or place an order on your behalf. Brightech may use a third party payment processor to process credit card transactions made through the Site. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services made available through the Site, including sales, use, and excise taxes (excluding only taxes on Brightech’s net income). To the extent that Brightech is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales are subject to our shipping and return policies, which shall be made available to you on the Site or other delivered to you with your purchased goods. All refunds are in Brightech’s sole discretion.



  1. General Restrictions on Use


You agree to use the Site and the Services only for purposes that are permitted by these Terms of Use and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.


You will not (and will not attempt to):



  1. Access any of the Services by any means other than through the interface that is provided by Brightech;

  2. Gain unauthorized access to Brightech’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Brightech’s networks and computer systems;

  3. Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);

  4. Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;

  5. Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and

  6. Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Brightech in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

  7. Content


As between you and Brightech, Brightech owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between you and Brightech, all names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Brightech or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.


Certain features of the Site may allow you to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Brightech on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to Brightech, you grant Brightech a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. For avoidance of doubt, Brightech shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.



  1. Errors, Inaccuracies, and Omissions


Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in our sole discretion.



  1. Disclaimers and Warranties


Brightech reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion. Brightech is not liable in case of stock outage or unavailability of products. We have made every effort to display as accurately as possible the colors of our products that appear at the Site, but we cannot guarantee that your computer monitor's display of any color will be accurate.


Brightech expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Site, Services, Site Content, goods, advice, information or links provided on the Site will meet your requirements; (ii) that the Services will be uninterrupted, timely, secure or free from error; (iii) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected; (iv) regarding the Site Content, goods, services, advice, information or links provided by any third parties or users; (v) that the Site, Site Content, goods, services, advice, or information displayed on the Site will meet your requirements; and (vi) that the Site will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms.


You understand that the technical processing and transmission of any Site Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. Brightech assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Site.


No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Site, Site Content and/or Services except to the extent that they are expressly set out in these Terms.



  1. Limitation of Liability


IN NO EVENT WILL BRIGHTECH BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL BRIGHTECH’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF BRIGHTECH AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).


Without limiting the foregoing, you understand and acknowledge that Brightech shall not be liable to you for:



  1. Any indirect, incidental, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Site or the Services, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or

  2. Any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Site or the Services; (ii) any changes that Brightech may make to the Site or Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Site or the Services; (iv) the use of any products or services obtained on or through the Site; or (v) any other matter relating to the Site, the Services, the Site Content, or the Comments.


The limitations on Brightech’s liability to you in this Section 7 shall apply whether or not Brightech has been advised of or should have been aware of the possibility of any such losses arising.


IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.



  1. Indemnity


You agree to defend, indemnify and hold harmless Brightech, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and Services; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (vi) the use by any other persons accessing this Site using your Internet account or account login. This defense and indemnification obligation will survive these Terms and your use of the Site and Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 8 without the prior written consent of Brightech.



  1. Links To Other Sites


The Site may contain links or references to other websites outside of our control. Links to other websites may use our Site logo or style as a result of a co-branding agreement. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that this Site would not. Please be aware that Brightech has no control over these websites and that these Terms of Use do not apply to any third party sites. Brightech cannot be held responsible for those sites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those sites or external sources. Brightech encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.



  1. Complaint Procedures


If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify Brightech by email at wecare@Brightech.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”



  1. Dispute Resolution


Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in Los Angeles, California, unless Brightech elects otherwise.


The arbitrator will decide the substance of all claims in accordance with the laws of the State of California. The arbitrator shall not be bound by rulings in prior arbitrations involving different Brightech users, but is bound by rulings in prior arbitrations involving the same Brightech user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Brightech will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Brightech should be submitted by mail to the AAA along with your demand for arbitration and Brightech will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Brightech will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Brightech for all fees associated with the arbitration paid by Brightech on your behalf that you otherwise would be obligated to pay under the AAA's rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.


You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the Brightech account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.



  1. Miscellaneous


These Terms, including the Privacy Policy, constitute the whole legal agreement between you and Brightech and govern your use of the Site, Services and any transactions you may have with Brightech through the Site and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Brightech in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with the terms of these Terms, these Terms of Use shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that Brightech may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms of Use will be considered your consent to those changes. When these changes are made, Brightech will make a new copy of the Terms of Use available on the Site. You agree that Brightech is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms regularly for changes.


You agree that if Brightech does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Brightech has the benefit of under any applicable law), this will not be taken to be a formal waiver of Brightech’s rights and that those rights or remedies will still be available to Brightech. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.


The Site is controlled and operated from within the United States. Without limiting anything else, Brightech makes no representation that the Site, Site Content, Comments, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.


We want you to love your purchase! If any item does not meet your expectations, you can return it to us with an RMA number in its original and sellable condition within 30 days of receiving it for a refund (less any shipping or restocking fees). Please note that shipping fees are non-refundable. Exceptions: the following items cannot be returned: outlet and final sale, seasonal (Halloween, Christmas, etc.), bulk and oversized lighting fixtures.


For your protection, we recommend you use FedEx, UPS, the US Postal Service or any other delivery service with delivery and tracking capabilities. The customer is responsible for all shipping and packaging costs related to returning an item. We are not responsible for lost or misdirected returns. We cannot accept returns COD. Items received after 10


 


0 days will not be accepted for return.


If you would like to return an item, please email wecare@brighetchshop.com. All returns are required to go through the returns management system and have an associated RMA number. Ship the original item, along with a copy of your RMA receipt to the address on the RMA. We are not responsible for items returned to any other address.


To qualify for a refund, all items must be returned in a sellable condition, including the original packaging, containers, documentation, warranty cards, manuals, and/or accessories. Please do not mark or deface original manufacturer packaging in any manner. We will not accept returns if the item and its packaging is not in its original condition and will return such items to you at your cost.


We work hard to process returns as quickly as possible. Please allow up to 5 business days after we receive the items before receiving your credit.


Shipping Policy


We offer free shipping on all orders over $50* within the 48 contiguous United States. For orders under $50, we offer a flat-rate shipping price of $11.50 and $18.50 depending on the weight, within the 48 contiguous United States. Other methods such as Standard and Expedited, are available on the shopping cart page at checkout, and the price is calculated based on weight and distance.


*Orders over 150 lbs. will not qualify for free shipping. There will be a flat fee of $115.00 for these orders.  For split order requests, the fee will be applied per shipment; any portion that doesn't meet the $50 minimum will be subject to standard shipping fees.


For inquiries about wholesale purchasing, please email our wholesale team at wholesale@brightechshop.com.


Shipping Times


Once shipped, your order will arrive anywhere between 1 and 7 business days based on the method of shipment and the shipping location. Most orders shipped in the West Coast should arrive in 2-3 business days using ground shipment. Estimated transit time for Ground shipments is not a guarantee. It is an estimate only.


Re-Shipping


If an order is returned to us because of customer error and we need to resend the item, a re-shipping fee of $9.95 applies. This is due to the cost of re-packing and re-shipping returned items. If an order is returned to us because of our error, we will not charge a re-shipping fee.
Return Exceptions


The following items cannot be returned: outlet and final sale, seasonal (Halloween, Christmas, etc.), bulk and oversized lighting fixtures.


Outlet & Final Sale: Items marked as outlet and/or final sale cannot be returned


Bulk: Bulk purchases, meaning the same item in quantities of 6 or more, cannot be returned. Please purchase one sample or contact us for additional product information before purchasing in bulk.


Oversized Lighting Fixtures: Light fixtures shipped by Freight are not eligible for return.


Last Updated: 2/18/19


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